https://www.proz.com/forum/business_issues/266854-agency_sla_claiming_ownership_of_intellectual_property_rights_on_tm_for_their_jobs.html
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Translation - art & business » Business issues »
Agency SLA claiming ownership of intellectual property rights on TM for their jobs
Thread poster: Laura Harrison
Laura Harrison
Laura Harrison  Identity Verified
United Kingdom
Local time: 07:16
French to English
+ ...
Mar 28, 2014

Hi all,

I was contacted by a new agency through proz which has glowing references on the blueboard.

As part of their on-line registration process you need to click that you accept their SLA, which includes an effective waiver on the translator's part of any rights (including intellectual property rights) to the TM created on jobs with this agency.

I'm reluctant to accept this, and would be grateful for any thoughts and advice on this.

Thanks
 
David Wright
David Wright  Identity Verified
Austria
Local time: 08:16
German to English
+ ...
Could be problematic Mar 28, 2014

In addition to them being able to use your TM work for whatever purpose they might think of, this provision would actually prevent you from using the TM for jobs other than for them. I'd negotiate this out of the contract; by all means allow them to use it (but I wouldn't do this with a low-rate client!), but ensure that you retain a right to use it yourself too.
 
Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 08:16
Member (2006)
English to Afrikaans
+ ...
@Laura Mar 28, 2014

Laura Harrison wrote:
...includes an effective waiver on the translator's part of any rights (including intellectual property rights) to the TM created on jobs with this agency.


The fact that you grant them all rights does not necessarily mean that all rights were transferred to them. Or is that what they're asking you? Is it legally possible in your own country to even do that?

I regularly sign agreements that ask me to grant the client all copyrights etc, and I don't mind doing that, because I don't translate books and film scripts.
 


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Agency SLA claiming ownership of intellectual property rights on TM for their jobs


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